GS Live-Online August Batch - Direct Admission Optional Subject Programme C
080-6220-6330
Home Quest UPSC Notes Reservation - Part I
Reservation - Part I
16-05-2024 02:48 PM 18 min read
What is reservation in India and why is it needed
What is the historical background of reservation policies in India
What are the different types of reservations in India
What are the constitutional provisions relating to reservations in India
Prelims: Indian Polity and Governance – Constitution, Political System,
Panchayati Raj, Public Policy, Rights Issues, etc.
Chat with us
Mains: Indian Constitution—Historical Underpinnings, Evolution, Features,
Amendments, SigniOcant Provisions and Basic Structure
What is reservation in India, and why is it needed?
Reservation in India is a system of aQrmative action that provides certain groups of
people with preferential treatment in education, employment, and other areas. Here are
some of the reasons why reservation is necessary for India.
Historical injustice: Reservation is a way to redress historical injustices and
provide opportunities for marginalized communities such as Dalits and Adivasis.
Caste system: The Caste system, which has long been a part of Indian society,
has traditionally relegated certain groups to lower social and economic
positions.
Social and economic Disparity: Reservation aims to promote social and
economic equality by providing opportunities for the underprivileged sections of
society.
Inadequate representation: Reservation ensures the adequate representation of
depressed communities in education and employment.
Prejudice and discrimination: Reservation provides protection against
discrimination and ensures that marginalized communities are not denied
opportunities based on their caste, religion, or gender.
What is the historical background of reservation policies
in India?
Reservation policies in India have a complex historical background, with several factors
contributing to their development.
Pre-Independence
1882: The concept of reservation based on caste was Orst proposed by William
Hunter and Jyotirao Phule in 1882.
1909: The British Raj introduced elements of reservation in the Government of
India Act of 1909 by giving separate electorates to certain communities.
1902: Rajarshi Shahu, the Maharaja of Kolhapur, introduced reservation in favour
of non-Brahmin and backward classes in 1902.
1921: Mysore initiates reservation for backward castes after a decade-long
social justice movement against the repression of non-Brahmin castes.
1927: Madras presidency provided 44% reservation to Non-Brahmin Hindus, 16%
to Brahmins, Muslims, Christians, and Anglo-Indians, and 8% to Scheduled
Castes.
1932: MacDonald/Communal Award provided for separate electorates for
depressed classes, including the Dalits. However, later, Poona Pact abandoned
separate electorates for depressed classes in favour of increased reserved
seats for depressed classes.
1935: The Government of India Act of 1935 extended the communal
representation by giving separate electorates to depressed classes, women and
labour.
Post-Independence
1951: First Constitutional Amendment in Constitution to legalize caste-based
reservation in India.
1990: The Mandal Commission (1979) recommendation of 27% reservation for
OBCs was implemented.
1992: Indra Sawhney Case Judgement
Reservation shall not exceed 50 percent.
Reservation in promotions shall not be allowed.
The concept of a ‘creamy layer’ was introduced, and it was directed that
such a creamy layer be excluded while identifying backward classes.
The ‘carry forward rule’ in case of unOlled (backlog) vacancies is valid.
But the criteria of the 50% rule should not be violated in any case.
It struck down the move to reserve 10% government jobs for the poor
among upper castes
2006: Nagaraj Case Judgement
The Supreme Court ruled that the state was not bound to provide
reservation in promotions to SCs/STs.
But if any state wished to make such a provision, it needs to:
Collect quantiOable data on the backwardness of the class
Prove its inadequate representation in public employment
Show no compromise on eQciency of administration
2006: The Central Educational Institutions Act, 2006 provides for the reservation
of students belonging to the Scheduled Castes/ Scheduled Tribes and Other
Backward Classes to the extent of 15%, 7.5%, and 27%, respectively, in Central
Educational Institutions.
2018: Jarnail Singh vs Lachhmi Narain Gupta Case Judgement
The Supreme Court held that reservation in promotions does not require
the state to collect quantiOable data on the backwardness of the SCs
and the STs.
The Court also held that creamy layer exclusion extends to SC/STs and,
hence the State cannot grant reservations in promoting SC/ST
individuals who belong to the creamy layer of their community.
2019: The Government of India has provided 10% reservation to economically
weaker sections(EWS) through the 103rd Constitutional Amendment. This is the
Orst time reservation has been extended on the basis of economic criteria.
2019: Reservation in favour of SCs and STs in Lok Sabha and the state
legislature was only till 1960, but it has been extended every 10 years. The latest
extension was made in 2019 and is valid up to 2030.
2021: 102nd amendment to allow states and Union Territories to prepare their
own Socially and Economically Backward Classes (SEBCs) list.
2022: Janhit Abhiyan v Union of India
The Supreme Court upheld the 103rd Constitutional Amendment
providing reservation for economically weaker sections (EWS). Thus, the
apex court validated reservations based on economic backwardness.
What are the different types of reservations in India?
Vertical reservation: It refers to the reservation of seats in educational
institutions and jobs in government services for Scheduled Castes (SC),
Scheduled Tribes (ST), and Other Backward Classes (OBCs).
This reservation is based on the proportion of the population of these
groups in the country or a speciOc state.
Horizontal reservation: It refers to the reservation of seats for speciOc
categories of people within the reserved categories. For example, within the SC
category reservation, there can be reservations for differently-abled people.
Caste-based reservation: Caste-based reservation is a system that provides
opportunities and access to education and employment to people belonging to
historically marginalized castes in India, such as Scheduled Castes (SC) and
Scheduled Tribes (ST).
Gender-based reservation: Gender-based reservation is based on the principle
of gender equality. In India, the Constitution has provided one-third reservation to
women in local bodies under Articles 243D and 243T.
Income-based reservation: It is a system that provides opportunities and
access to education and employment to poor sections of society. For example,
reservation to the economically weaker sections(EWS) of society.
Reservation for differently-abled: It is based on the principle of inclusivity, which
aims to create an equal and accessible society for people with disabilities. For
example, 4% reservation is provided to disabled persons in government jobs.
What are the constitutional provisions relating to
reservations in India?
The Constitution of India provides for reservation in various forms, including
Reservation
Article
Article Nothing in this article shall prevent the State from making any special provision
15(4) for the advancement of any socially and educationally backward classes of
citizens or for the Scheduled Castes and the Scheduled Tribes.
Article Nothing in this article shall prevent the State from making any provision for the
16(4) reservation of appointments or posts in favor of any backward class of citizens
which, in the opinion of the State, is not adequately represented in the services
under the State
Article Provisions for reservation in the promotion of posts in services under the state
16(4A) for members of the SCs and STs
Article It enables the state to Oll unalled vacancies reserved for SCs/STs in the
16(4B) following year
Article State has to ensure justice and free legal aid to weaker sections of the society
39A
Article Reservation for SCs/STs and Women in Panchayati Raj Institutions
243D
Article Reservation for SCs/STs and Women in Urban Local Bodies
243T
Article Reservation of seats for the SCs and the STs in the Parliament and in the State
330 Legislative Assemblies respectively
and
Article
332
Previous Year Questions(PYQs)
Mains
Q) “The reservation of seats for women in the institutions of local self-
government has had a limited impact on the patriarchal character of the Indian
Political Process.” Comment. (2019)
Q) Whether National Commission for Scheduled Castes (NCSC) can enforce the
implementation of constitutional reservation for the Scheduled Castes in the
religious minority institutions? Examine. (2018)
Frequently Asked Questions(FAQs)
Q) What is a creamy layer?
The creamy layer is a concept that originated in the Mandal Case/Indra Sawhney
Case(1992) excluding some members of other backward classes (OBC) who are
highly advanced socially as well as economically and educationally from enjoying
the beneOts of reservations.
Q) What is the current deadline for reservations under the Indian
Constitution?
Reservation in Lok Sabha and State legislature was initially only till 1960, but it has
been extended every 10 years. The recent amendment was made in 2019 and is
valid up to 2030. There is no deadline for reservations in public education and
employment.
About Vajiram & Ravi
About Us
Disclaimer
Contact Us
Terms and Conditions
Privacy Policy
Careers
FAQs
Information
UPSC 2024
UPSC Syllabus
UPSC Previous Year Papers
UPSC Books
UPSC Prelims Result 2024
UPSC Cut Off
UPSC Prelims
UPSC Mains
IAS Interview
IAS Salary
UPSC Eligibility
Current Affairs for UPSC
UPSC Answer Key
UPSC Admit Card 2024
Courses
GS Foundation Courses
UPSC Online Coaching
UPSC Study Material
UPSC Prelims Test Series
CSAT Coaching
UPSC Mains Test Series
Optional Test Series
UPSC Mock Interview
Current Affairs Course
UPSC Coaching in Chennai
Install App
© 2024 Vajiram & Ravi. All rights reserved
